§ 1066. — Interference; declaration by Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1066]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1066. Interference; declaration by Director
Upon petition showing extraordinary circumstances, the Director may
declare that an interference exists when application is made for the
registration of a mark which so resembles a mark previously registered
by another, or for the registration of which another has previously made
application, as to be likely when used on or in connection with the
goods or services of the applicant to cause confusion or mistake or to
deceive. No interference shall be declared between an application and
the registration of a mark the right to the use of which has become
incontestable.
(July 5, 1946, ch. 540, title I, Sec. 16, 60 Stat. 434; Pub. L. 87-772,
Sec. 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97-247, Sec. 11, Aug. 27,
1982, 96 Stat. 321; Pub. L. 100-667, title I, Sec. 117, Nov. 16, 1988,
102 Stat. 3941; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)
Prior Provisions
Act Feb. 20, 1905, ch. 592, Sec. 7, 33 Stat. 726.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''.
1988--Pub. L. 100-667 substituted ``used on or in connection with
the goods or services'' for ``applied to the goods or when used in
connection with the services''.
1982--Pub. L. 97-247 substituted ``Upon petition showing
extraordinary circumstances, the Commissioner may declare that an
interference exists when application is made for the registration of a
mark which so resembles a mark previously registered by another, or for
the registration of which another has previously made application, as to
be likely when applied to the goods or when used in connection with the
services of the applicant to cause confusion or mistake or to deceive''
for ``Whenever application is made for the registration of a mark which
so resembles a mark previously registered by another, or for the
registration of which another has previously made application, as to be
likely when applied to the goods or when used in connection with the
services of the applicant to cause confusion or mistake or to deceive,
the Commissioner may declare that an interference exists''.
1962--Pub. L. 87-772 struck out ``purchasers'' after ``or to
deceive''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988,
see section 136 of Pub. L. 100-667, set out as a note under section 1051
of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective six months after Aug. 27,
1982, see section 17(c) of Pub. L. 97-247, set out as a note under
section 294 of Title 35, Patents.
Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending
proceedings and existing registrations and rights under prior acts, see
notes set out under section 1051 of this title.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Commerce, with certain exceptions, to Secretary of
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1062, 1094 of this title.
